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Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

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<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 253 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>investigation.HB345: Allowing physical therapists to practice on animalsStatus: Awaiting public hearing date in House Executive Departments Committee.SB 13: Declaring the Chinook the state dog.Status: Passed Senate. Awaiting public hearing in House.SB 137: Establishing a “pet friendly” license plate.Status: Tabled in Senate.SB 19: Relative to governmental immunity from liability lawsuits for municipal dog parksStatus: Passed Senate. Awaiting public hearing date in House Judiciary Committee.SB 156: Relative to the commission to study the creation <strong>of</strong> an animal care worker classification.Status: Pending a recommendation in the Senate Executive Depts. Committee.NEW JERSEYHowell - (2/20/09) - As the town tightens its belt to cope with the ongoing recession, one <strong>of</strong> the first casualties may be the plans for a dog park on Easy Street.A dog park facility had been planned to be built, just <strong>of</strong>f <strong>of</strong> Lakewood-Farmingdale Road, Route 547. <strong>The</strong> park was expected to contain two main fenced-incomponents: a small dog area, designed for dogs 25 pounds and under, as well as a medium-to-large area designed for larger dogs, about 25 pounds and up."We will probably forgo the grant for the dog park because it was a matching grant," said Mayor Robert Walsh. "However, we would also lose the grant if wedon't use the grant." With over 4,000 licensed dogs in Howell, the township had submitted a proposal to the Monmouth County Open Space Program seekinga 50 percent matching grant in the amount <strong>of</strong> $169,000, with the overall project estimated to cost about $337,000.Howell - (2/19/09) - An ordinance meant to regulate the number <strong>of</strong> dogs and cats permitted in each home was unanimously rejected by council membersTuesday. Mayor Robert Walsh and Councilman Louis Memmolo said they originally planned to vote yes on the ordinance, but after hearing what objectorssaid, they decided to vote against the proposal. A group <strong>of</strong> residents, including animal advocates, nationally award-winning handlers, rare-dog breeders,animal cruelty prosecutors, as well as some who have written legislation, came out to speak against the proposed ordinance. Some cited the need for feral catson farms to help keep rodents at bay, while others spoke <strong>of</strong> how the law would hurt those who most wanted to give the animals a good quality <strong>of</strong> life and how itwent against the rights <strong>of</strong> animal owners and the animals themselves. Many <strong>of</strong> those residents, Walsh said, will now become a part <strong>of</strong> a committee that willtake a more in-depth look at how to regulate the lives <strong>of</strong> cats and dogs within the township. Walsh said a meeting will be organized and the item is now slatedfor discussion on the council's April 14 meeting agenda.NEW MEXICOEddy County - (2/24/09) - Proposed animal ordinance including MSN at six months, additional fees for intact animals, hoarding restrictions (anyone with six ormore animals considered a hoarder). Ordinance below - no link available. This ordinance will be heard twice in April. Please take the time to contact EddyCounty Council in regards to same. Contact JackVolpato@hotmail.com (Jack Volpato Eddy County Commissioner District 4 (co-founder <strong>of</strong> Noah's ArkAnimal Refuge)PROPOSED REVISION OF EDDY COUNTY ORDINANCEAUTHORITYSCOPE:ISSUING AGENCY: Eddy County Board <strong>of</strong> County Commissioners [8/27/79; 10/31/96; 7.4.2.1 NMAC – Rn, 7 NMAC 4.2.1, 5/30/2003]to provide for the control <strong>of</strong> animals by:• mandatory rabies vaccination <strong>of</strong> dogs and cats,• confinement <strong>of</strong> rabies suspect animals, rabies quarantine, confinement or destruction <strong>of</strong> animals exposed to rabies,• confinement or destruction <strong>of</strong> vicious dogs,• control <strong>of</strong> animals running at large, regulations <strong>of</strong> the possession <strong>of</strong> wild animals,• licensing <strong>of</strong> dogs and• providing for regulations <strong>of</strong> the animal control <strong>of</strong>ficers and impounding facilities.[8/27/79; 10/31/96; 7.4.2.2-C – Rn, 7 NMAC 4.2.2, 5/30/2003]STATUTORY AUTHORITY: This Ordinance is promulgated in accordance with the requirements <strong>of</strong> sections 77-1-3 and 9-7-6 (E) NMSA 1978. [8/27/79; 10/31/96; 7.4.2.3 NMAC - Rn & A, 7NMAC 4.2.3, 5/30/2003]References: 7.4.2 NMAC, Animal Control Requirements, effective 5/30/2003.ARTICLE I. GENERALSec. 1.1 DefinitionsAll definitions not otherwise defined by New Mexico Administrative Codes are found at the end <strong>of</strong> this ordinance.Sec. 1.2 Keeping Wild or Dangerous Animals ProhibitedIt shall be unlawful for any person to own, possess, keep, maintain, harbor, transport or sell within<strong>The</strong> county any living wild or dangerous animal unless liscensed to do so by a state or federalAgency. This excludes feral or wild animals that frequent owners property on an intermittent basis.[8/27/79; 10/31/96; 7.4.2.12 NMAC – Rn, 7 NMAC 4.2.12, 5/30/2003]ARTICLE II. ENFORECMENTSec. 2.1 Animal Control Officers(a) Incorporated areas within the county shall designate an animal control <strong>of</strong>ficer who shall be deputized to enforce animal control laws, orders, ordinances and regulations. Such incorporatedareas may engage the services <strong>of</strong> the County Animal Control Officer to fulfill such obligations. [08-27-79; 10-31-96 7 NAC 4.2.17, 5/30/2003](b) <strong>The</strong> animal control <strong>of</strong>ficer shall prevent and control the spread <strong>of</strong> rabies within the county including but not limited to the capture and confinement or disposition <strong>of</strong> rabies suspectanimals, the enforcement <strong>of</strong> quarantine orders, the destruction or confinement <strong>of</strong> animals exposed to rabies.c) Animal control <strong>of</strong>ficers should be provided with proper training to apprehend, handle and care for animals. [08-27-79; 10-31-96](d)In carrying out the provisions <strong>of</strong> these regulations every deputized animal control <strong>of</strong>ficer is authorized to pursue a straying animal or a vicious dog or a dog molesting livestock orany animal with symptoms <strong>of</strong> rabies onto private premises.[8/27/79; 10/31/96; 7.4.2.17 NAC – Rn, 7 NAC 4.2.17, 5/30/203]Sec. 2.2 Leash Law(a)It shall be unlawful for any owner, possessor or person who keeps any dog to permit the same torun at large.

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